Smith's Criminal Case Compendium

Smith's Criminal Case Compendium

Table of Contents

Smith's Criminal Case Compendium

About

This compendium includes significant criminal cases by the U.S. Supreme Court & N.C. appellate courts, Nov. 2008 – Present. Selected 4th Circuit cases also are included.

Jessica Smith prepared case summaries Nov. 2008-June 4, 2019; later summaries are prepared by other School staff.

Instructions

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State v. Thomas, ___ N.C. App. ___, 834 S.E.2d 654 (Oct. 15, 2019)
Arrest, Search, and Investigation > Exclusionary Rule > Fruit of Poisonous Tree
Arrest, Search, and Investigation > Exclusionary Rule > Scope of the Exclusionary Rule

The defendant was convicted of four counts of first-degree murder and other charges and appealed. He argued the trial court erred in denying his motion to suppress, his motion to dismiss, and in admitting certain evidence. The Court of Appeals unanimously affirmed.

The offenses occurred in...
State v. Burwell, ___ N.C. App. ___, 808 S.E.2d 583 (Dec. 5, 2017)
Arrest, Search, and Investigation > Exclusionary Rule > Fruit of Poisonous Tree

In an assault on a law enforcement officer inflicting serious bodily injury case, the trial court did not err by denying the defendant’s motion to suppress evidence of his attack on the officer, alleged by the defendant to be proper resistance to an unlawful arrest. The court concluded: “Even if...
State v. Friend, 237 N.C. App. 490 (Dec. 2, 2014)
Arrest, Search, and Investigation > Exclusionary Rule > Fruit of Poisonous Tree
Arrest, Search, and Investigation > Exclusionary Rule > Scope of the Exclusionary Rule

In an assault on an officer case, the court rejected the defendant’s argument that evidence of his two assaults on law enforcement officers should be excluded as fruits of the poisonous tree because his initial arrest for resisting an officer was unlawful. The doctrine does not exclude evidence...
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